E.N. v R.N.

• Jurisdiction: Ireland
• Judgment Date: 01 January 1992
• Date: 01 January 1992
• Docket Number: [S.C. No. 297 of 1989]
• Court: Supreme Court

Supreme Court

[S.C. No. 297 of 1989]

E.N. v. R.N.

E.N. Plaintiff

and

R.N. and M.C.

Defendants

Cases mentioned in this report:—

C. v. C. [1976] I.R. 254; (1976) 111 I.L.T.R. 133.

B.F. v. J.F. (Unreported, High Court, Lardner J., 21st December, 1988).

Harvey v. Minister for Social Welfare [1990] 2 I.R. 232; [1990] I.L.R.M. 185.

Hyland v. Minister for Social Welfare [1989] I.R. 624; [1989] I.L.R.M. 196.

R.K. v. M.K. (Unreported, High Court, Finlay P., 20th November, 1978).

L. v. L. [1992] 2 I.R. 77; [1989] I.L.R.M. 528.

C.P. v. D.P. [1983] I.L.R.M. 380.

Pettit v. Pettit [1970] A.C. 777; [1969] 2 W.L.R. 966; [1969] 2 All E.R. 385.

W. v. W. [1981] I.L.R.M. 202.

Husband and wife - Matrimonial property - House purchased by and in sole name of husband - Subsequent mortgage to convert house into flats repaid by rental income from flats managed by wife - Earnings from wife's part-time employment during part of marriage paid into family fund - Whether wife entitled to beneficial interest in house by reason of direct and indirect contributions towards repayment of mortgages - Whether wife entitled to beneficial interest in house by reason of her work in the home as wife and mother - Married Women's Status Act, 1957 (No. 5), s. 12 - Constitution of Ireland, 1937, Article 41.

Constitution - Family - Recognition of role of women within the home - Whether regard should be had to wife's work within the home when assessing contribution towards purchase price of family home - Married Women's Status Act, 1957 (No. 5), s. 12 - Constitution of Ireland, 1937, Article 41.

Equity - Trust - Constructive trust - Requirement that wife make a direct or indirect contribution towards purchase price of family home to be entitled to a beneficial interest therein - Assessment of value of indirect contributions.

Appeal from the High Court.

By special summons dated the 2nd November, 1988, the plaintiff sought a declaration as to her entitlement to a beneficial interest in the property which had constituted the family home, which interest did not form part of the insolvent estate of her deceased husband. The High Court (Barron J.) declared that she was entitled to a one-fifteenth interest in the property (see [1990] 1 I.R. 383).

By notice of appeal dated the 9th August, 1989, the plaintiff appealed against the judgment and order of the High Court. The appeal was heard by the Supreme Court (Finlay C.J., Hederman, McCarthy, O'Flaherty and Egan JJ.) on the 15th and 16th October, 1991.

[The appeal was heard by the Supreme Court in conjunction with the appeal in L. v. L. [1992] 2 I.R. 77 as both cases dealt with similar issues arising from Article 41 of the Constitution. As the executors in this case were not disputing the claim of the plaintiff, the arguments made on behalf of the plaintiff were replied to (together with the arguments made by the plaintiff/wife in L. v. L.) by counsel on behalf of the husband in L. v. L..]

The relevant statutory and constitutional provisions are set out in the report of L. v. L.ante at pages 81 and 82.

The appellant wife sought a declaration against her deceased husband's insolvent estate as to her beneficial interest in the family home.

The parties married in 1964 and the wife ceased working as a nurse in order to look after the home and rear the three children of the marriage. The family home was purchased in 1966 out of funds provided solely by the husband and was registered in the husband's sole name. Following the purchase a mortgage was taken out in the husband's name and was used to convert the house into flats. These flats were managed entirely by the wife and the rental income was used to repay the mortgage. Subsequently a number of loans were taken out on the security of the house, the last of which, in 1977, was used to extend the house. The wife returned to part-time work in 1983 and her earnings were applied to a general family fund. The husband died in 1988, leaving an insolvent estate.

The wife based her claim to a beneficial interest in the house on indirect contributions provided by her management of the flats; direct contributions from her earnings after 1983 and also on her work within the home as wife and mother, being the constitutionally preferred role of women under the provisions of Article 41 of the Constitution of Ireland, 1937. The High Court (Barron J.) found that she was entitled to a one-fifteenth beneficial interest based on her indirect contributions towards the repayment of the original mortgage by reason of her management of the flats. Her claims based on direct contributions to the family fund and on Article 41 of the Constitution were rejected (see [1990] 1 I.R. 383). On appeal by the wife to...